Rule 3.7B Sanctions for dishonouring chequeF1

(1)

This rule applies where any fee is paid by cheque and that cheque is subsequently dishonoured.

(2)

The court will serve a notice on the paying party requiring payment of the fee which will specify the date by which the fee must be paid.

(3)

If the fee is not paid by the date specified in the notice—

(a)

where the fee is payable by the claimant, the claim will automatically be struck out without further order of the court;

(b)

where the fee is payable by the defendant, the defence will automatically be struck out without further order of the court,

and the paying party shall be liable for the costs which any other party has incurred unless the court orders otherwise.

(Rule F244.9 provides for the basis of assessment where a right to costs arises under this rule)

(4)

If—

(a)

the paying party applies to have the claim or defence reinstated; and

(b)

the court grants relief,

the relief shall be conditional on that party paying the fee within the period specified in paragraph (5).

(5)

The period referred to in paragraph (4) is—

(a)

if the order granting relief is made at a hearing at which the paying party is present or represented, 2 days from the date of the order;

(b)

in any other case, 7 days from the date of service of the order on the paying party.

(6)

For the purposes of this rule, “claimant” includes a F3claimant in a counterclaim or other additional claim and “claim form” includes a F4counterclaim or other additional claim.

Annotations

Textual amendments

F1: Rule 3.7B inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 7
F2: Word in rule 3.7B substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 4(c)
F3: Words in rule 3.7B(6) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 4(1)(a)
F4: Words in rule 3.7B(6) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 4(1)(b)

Notes on Part 3

Textual amendments

F1: Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)
F2: Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(i) (with rule 22)
F3: Words in Pt. 3 Table of Contents inserted (1.10.2015) by The Civil Procedure (Amendment No. 4) Rules 2015 (S.I. 2015/1569), rules 1(2), 3
F4: Words in Pt. 3 Table of Contents substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(b); S.I. 2014/954, art. 2(a)
F5: Words in Pt. 3 Table of Contents substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 3(1)
F6: Words in Pt. 3 Table of Contents inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 4(a)(ii)
F7: Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(a) (with rule 13(1)(2))
F8: Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(b) (with rule 13(1)(2))
F9: Words in Pt. 3 Table of Contents substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 4(2)
F10: Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(iii) (with rule 22)
F11: Words in Pt. 3 Table of Contents inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 4 (with rule 23)

Modifications

C1: Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Notes on Case Management

Textual amendments

F1: Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)